Flemington Fields Pty Ltd T/A GKR Transport

[2023] FWCA 3158

[2023] FWCA 3158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Flemington Fields Pty Ltd T/A GKR Transport

(AG2023/3298)

GKR TRANSPORT PERTH ENTERPRISE AGREEMENT 2023 LOCAL OPERATORS AND YARD STAFF

Road transport industry
COMMISSIONER CRAWFORD	SYDNEY, 28 SEPTEMBER 2023

Application for approval of the GKR Transport Perth Enterprise Agreement 2023 Local Operators and Yard Staff

1. An application has been made for approval of an enterprise agreement known as the GKR Transport Perth Enterprise Agreement 2023 Local Operators and Yard Staff (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flemington Fields Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. Noting clause 1.2(d) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will have work to do at least in relation to clause 4.3(a) of the Agreement because the compassionate leave entitlements have not been updated to include reference to miscarriage or a stillborn child.

1. The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 September 2026.

COMMISSIONER

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